Hi,

A strict correspondence thru a letter should be done with the employee to either serve the notice period or revert with the recovery amount to be done by the company for the shortfall of the notice period.

However, if he/she is an executive level employee, there is nothing much that can be done except for recovery, since filing a case would itself cost the company money & time. On the flip side, if he/she is a senior guy, you may consult your corporate legal counsel for the proceedings for the same.

If the employee does not pay salary in-lieu, the company can stop all his relieveing/resignation acceptance letters, salary/exps on hold and issue of experience letter. As cited above, the letter should be sent 2-3 time by way of follow up to generate seriousness of this issue for the employee.

Sangeeta